KAPILDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioners have challenged the order dated 5.12.1994 passed by the Additional Collector, East Champaran, Motihari in Mutation Revision Case No. 18 of 1994 - 95, by which he has allowed the revision application filed by respondent no. 6 challenging the order dated 19.7.1994 passed by the Deputy Collector Land Reforms, Sikarahana in Appeal No. 6 of 1993 -94, whereby the Deputy Collector Land Reforms allowed the appeal filled by the petitioner and set aside the order of mutation dated 15.12.1993 passed in favour of respondent no. 6 by the Anchal Adhikari, Dhaka in Mutation Case No. 1148 of 1992 -93.

(3.) RESPONDENT no.6 having lost before the appellate authority, instead of filing revision application before the Collector of the district filed revision application before the Additional Collector, Motihari, who allowed the revision application. It appears that before the disposal of the revision application, the petitioner filed an application before the Collector of the district for transfer of the case which was dismissed by the Collector by order dated 3.10.2000 on the ground that the order has already been passed by the Additional Collector and as such there is no question of transferring the case or to rehear the matter on merit.